Clause 41 - Special provisions relating to business reorganisation - Direct Taxes Code Bill, 2009

Special provisions relating to business reorganisation 41. (1) The deduction for any capital allowance referred to in section 35 shall, in a case where business reorganisation has taken place during financial year, be allowed in accordance with the provisions of this section. (2) The amount of deduction allowable to the predecessor shall be determined in accordance with the formula - A x B /C Where A = the amount of deduction allowable as if the business reorganisation had not taken place; B = the number of days comprised in the period beginning with the 1st day of the financial year and ending on the day immediately preceding the date of business reorganisation; C = the total number of days in the financial year in which the business reorganisation has taken place. (3) The amount of deduction to the successor shall be determined in accordance with the formula - A x B / C Where A = the amount of deduction allowable as if the business reorganisation had not taken place; B = the number of days comprised in the period beginning with the date of business reorganisation and ending on the last day of the financial year; and C = the total number of days in the financial year in which the business reorganisation has taken place.